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Home My WebLink About04-4152GERALD S. TAYLOR, : Petitioner : V. ~ ; COMMONWEALTH OF : PENNSYLVANIA, DEPARTMENT OF : TRANSPORTATION, : Respondent : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PETITION FOR REVIEW OF ORDER OF DEPARTMENT OF TRANSPORTATION SUSPENDING OPERATING PRIVILEGE Petitioner, Gerald S. Taylor, respectfully petitions the Court pursuant to 75 Pa. C.S.A. § 1550 for review of an order of the Department of Transportation suspending Petitioner's operating privilege, and in support thereof represents as follows: 1. Petitioner, Gerald S. Taylor, is an adult individual residing at 501 Spring Run Drive, Mechanicsburg, Pennsylvania 17055. 2. Petitioner currently possesses a valid driver's license issued to him on March 12, 2001, which has not heretofore been suspended, cancelled, or revoked. 3. By letter dated July 21, 2004, Petitioner was notified in writing the Department of Transportation of the entry of an order suspending his driver's license for the following reasons as set forth in the notice: conviction of violating Section 3732 of the Vehicle Code, Homicide by Vehicle on 07/23/1996 (the "Section"). A copy of the notice is attached as Exhibit "A". 4. The suspension is improper and unlawful for the following reasons: The Petitioner was not convicted of violating the Section in that he never plead guilty to such a violation nor was he found guilty of violating such Section. Furthermore, the length of time of 5306341 this suspension will create a hardship and make it impossible to perform court ordered community service. WHEREFORE, Petitioner respectfully requests that the Court set this matter down forthwith for a de novo heating pursuant to 75 Pa. C.S.A. §1550 and that the order of the Department of Transportation be set aside. Gerald S. Taylor, Pro Se 501 Spring Run Drive Mechanicsburg, PA 17055 (717) 691-1759 VERIFICATION Gerald S. Taylor, deposes and says, subject to the penalties of 18 Pa. C.S. §4904 relating to tmswom falsification to authorities, that he makes this verification by its authority and that the facts set forth in the Petition for Review of Order of Department of Transportation Suspending Operating Privilege are tree and correct to the best of his knowledge, information and belief. Date Gerald S. Taylor COMHONNEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION Bureau of Driver Licensing Mail Dates JULY 21, 2004 GERALD S TAYLOR 501 SPRING RUN DR MECHANICSBURG PA 17055 WID ~ 0419661372122~1 001 PROCESSING DATE 07/14/2004 DRIVER LICENSE e 15279614 DATE OF BIRTH 03409/1951 Dear HR. TAYLORt This is an O~ftctal Notlce of the SuBpenston of your Driving Privilege as authorized by Section 1552A! of the Pennsylvania Vehicle Code. As a result of your 06/21/200q conviction of violating Section 5752 of the Vehicle Code HUHICIDE BY VEHICLE on 07/25/1996~ Your driving privilege is SUSPENDED for a YEAR(S) effective 08/25/2004 at 12:01 a.m. Before PennDOT can restore your driving privilege, you must follow the instructions in this letter for COMPLYING NITH THIS SUSPENSION, PAYING THE RESTORATION,FEE and PROVIDING PROOF OF INSURANCE. YOU should follo~ ALL Instructions very carefully. Even if you have served all the time on the suspension/revocation, ~e cannot restore your driving orlvtlege until all the requtrementB are satisfied. COMPLYING WITH THIS SUSPENSION You must return ail current Pennsylvania driver's licenses, learner's permits, temporary driver's licenses (camera cards) in your PosseSsion on or before 08/25/200'~, You may surrender these items before, 08/25/2004, for earlier credit; however, you may not drive after these items are surrendered. YOU HAY NOT RETAZN YOUR DRZVER~S LZCENSE FOR ZDENTZFZCATZON PURPOSES. However, you may apply for and obtain a photo identification card at any Driver License Center for a cost of 910.00. You must Present t~o (2) forms of Proper identification (e.g., birth certificate, valid U.S. passport, marriage certificate, etc.) in order to obtain your photo identification card. You wtll not receive c~edlt toward servlng any suspension until Ne recelve your 11censele). Complete the followlng steps to acknowledge this suspension. 0419&&157212231 ~ PROVIDING PROOF OF INSURANCE Nithin the last 30 days of your suspension/revocation, we will send you a letter asking that you provide proof of insurance at that time, This letter will list accept,able documents and what will be needed if you do not own a vehicle registered in Pennsylvan/a. ZMPORTANT: Please make sure that PennDOT is not/f/ed if you move from your current address. You may not/fy PennDOT of your address change by callAng any of the phone numbers /isted at the end of this letter. APPEAL You have the right to appeal this act/on to the Court of Common Pleas (Civil Division) with/n 30 days of the mail date, JULY 21, 2004, of th/s letter. Zf yOU flle an appeal In the County Court, the Court w111 glve you a time-stamped certified copy o4 the appeal. In order for your appeal to be valid, you must send th/s t/me-stamped certif/ed copy of the appeal by cart/fled mail to~ Pennsylvania Department of Transportation Office of Chief Counsel Third Floor, R/verfront Off/ce Center Harr/sburg, PA 17104-2516 Remember, this is an OFFZCZAL NOTZCE OF SUSPENSZON. You must return all current Pennsylvania dr/var license products to PennDOT by 08/25/2004. Sincerely, Rebecca L. B/ckley,~Director Bureau of Driver Licensing SEND FEE/LICENSE/DL-16LC/TO~ Department of Transportation Bureau of Driver Licensing P.O. Box 68693 Harrisburg, PA 17106-8693 INFORMATION (7:00 AM TO 9:00 PM) IN STATE 1-800-952-4600 OUT-OF-STATE 717-391-6190 TOD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-391-619! 0~19661~72122~1 Return a11 current PennsYlvania driver's licenses, learner's permits and/or camera cards to PennDOTo If you do not have any of these ~tems, send a sworn notarized letter stating you are aware of the suspension of your driving privilege, You must specify in your letter why you are unable to return your driver's license. Remember: You may not retain your driver's license for identification purposes. Please send these items to: Pennsylvania Department of Transportation Bureau of Driver Licensing P,0, Box 68693 Harrisburg, PA [7106-8693 Upon receipt, review and acceptance of your Pennsylvania driver's license(s), learner's permit(s), and/or a sworn notarized letter~ PennDOT will send You a receipt confirming the date that credit began. If You do not receive a receipt from us within 5 weeks~ please contact our office, Otherwise, you will not be given credit toward serving this suspension. PennDOT phone numbers are listed at the end of this letter. [f you do not return al1 current driver license products, we must refer this matter to the Pennsylvania State Police for prosecution under SECTION 1571(a)(q) of the Pennsylvania Vehicle Code. PAYZNG THE RESTORATION FEE You must pay a restoration fee to PennDOT to be restored from a suspension/revocation of your driving orivtlege. To Pay your restoration fee, complete the following steps: 1. 'Return the enclosed Application for Restoration. The amount due is listed on the application. 2, ~rite Your driver's license number (listed on the first Page) on the check or money order to ensure proper credit. Follow the payment and mailing instructions on the back of the application, GERALD S. TAYLOR, Petitioner COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORDER FOR HEARING AND NOW,~ ~. ~J _, upon sideration of the Petition of Gerald S. Taylor for review of an order of the Department of Transportation suspending Petitioner's operating privilege, a hearing de novo is granted to deten~aine whether the action of the Department of Transportation in suspending Petitioner's operating privilege should be set aside. Heating on the above-captioned matter is set for ~~r, ~'_'_'_'_'_'_'_'_'_~3m. in Courtroom J ., located at CO I~.~,~ la~ L Carlisle, Cumberland County, Commonwealth of Pennsylvania. The Petitioner is directed forthwith to serve a notice of the appeal and copies of the petition for review and order for hearing on the Department of Transportation at the address shown in the Department's notice of entry of order, by certified mail, return receipt requested. Dean F. Piermattei, Esquire Attorney I.D. No. 53847 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 GERALD S. TAYLOR, Petitioner Vo COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4152 Civil Term PETITION FOR EXTENSION OF TIME Petitioner, Gerald S. Taylor, through respectfully seeks an extension of the hearing date suspension of Petitioner's operating privilege: his attorneys, Rhoads & Sinon LLP for the: Department of Transportation 1. Petitioner, Gerald S. Taylor, is an adult individual residing at 501 Spring Run Drive, Mechanicsburg, Pennsylvania 17055. 2. Petitioner, filed his original Petition for Review pro se and has now engaged, Dean F. Piermattei ofRhoads & Sinon LLP to represent him. 3. I am attached to pick a jury in Lebanon County on November 8, 2004. of time. WHEREFORE, Petitioner respectfully requests that this Court grant an extension RHOADS & SINON LLP Attorney I.D. #53847 One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 (71'7) 233-5731 CERTIFICATE OF SERVI'CE I hereby certify that on this_~ day of November, 2004, a tree and correct copy of the foregoing "Petition for Extension of Time" was served by .means of United States mail, first class, postage prepaid, upon the following: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor Riverfront Office Center Harrisburg, PA 17104-2516 Lynne G~. 1}Jtter Dean F. Piermattei, Esquire Attorney I.D. No. 53847 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 GERALD S. TAYLOR, : Petitioner : V. : COMMONWEALTH OF : PENNSYLVANIA, DEPARTMENT OF : TRANSPORTATION, : Respondent : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4152. Civil Term PRAECIPE FOR ENTRY OF APPEAILaiNCE Kindly enter the appearance of Rhoads and Sinon, LLP and Dean F. Piermattei, Esquire as counsel for Petitioner, Gerald S. Taylor with respect to the above-captioned matter. RHOADS & SINON, LLP Date: November ~___, 2004 J~'~'~E~iuire One4~uth Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Petitioner 4621661 CERTIFICATE OF SERVICE, I hereby certify that on this~:_~ day of November, 2004, a true and correct copy of the foregoing "Praecipe for Entry of Appearance" was served by means of United States mail, first class, postage prepaid, upon the following: Pennsylvania Department of Transportation Office of Chief Counsel Third Floor Riverfront Office Center Harrisburg, PA 17104-2516 Dean F. Piermattei, Esquire Attorney I.D. No. 53847 R/lOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 GERALD S. TAYLOR, Petitioner COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent NOV rO 5 _2804 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4152 Civil Term ORDER FOR HEARING AND NOW, ~'~-- ' ',l , upon consideration of the Petition of Rhoads & Sinon LLP for an Extension of Time, a heating de novo is granted to determine whether the action of the Department of Transportation in suspending Petitioner's operating privilege should be set aside. Hearing on the above-captioned matter is rescheduled for ~t~, m. in Courtroom , '~.~~ I[ } ~t.~ ,at ~' &' ~ located at , Carlisle, Cumberland County, Commonwealth of Pennsylvania. The Petitioner is directed forthwith to serve a notice of the appeal and copies of the petition for review and order for heating on the Department of Transportation at the address shown in the Department's notice of entry of order, by certified mail return receipt requested. I C :C t'!d 8- AON GERALD S. TAYLOR, Petitioner Vo COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4152 CIVIL TERM LICENSE SUSPENSION APPEAL ORDER OF COURT AND NOW, this 7th day of December, 2004, after a hearing on Petitioner's appeal from the suspension of his operating privileges, and after review of the cases cited by the parties, the appeal is DENIED, and the action of the Bureau is SUSTAINED. By the Court, ~orge Kabusk, Esquire For the Respondent Edward E. , . ~an F. Piermattei, Esquire For the Petitioner srs 12~0 -o